Union leaders and Democratic members of Congress are hailing a Federal court judge’s decision issued late Thursday to uphold a temporary restraining order (TRO) against the Office of Personnel Management (OPM) and its orchestration of Federal agency firings of their probationary employees – and language in the decision that finds OPM’s actions were likely unlawful.
U.S. District Judge William Alsup, who is senior of the U.S. District Court for the Northern District of California, told OPM to notify Federal agencies represented in the lawsuit that the agency has no authority to issue directions to fire probationary employees at other agencies.
The Federal agencies represented in the lawsuit include the National Park Service, the Interior Department’s Bureau of Land Management, the Department of Veterans Affairs, the National Science Foundation, the Small Business Administration, and the Department of Defense.
“The Office of Personnel Management does not have any authority whatsoever under any statute in the history of the universe to hire and fire employees at another agency,” Alsup said.
A coalition of unions and nonprofits were plaintiffs in the case which was originally filed on Feb. 19. The American Federation of Government Employees (AFGE); American Federation of State, County, and Municipal Employees (AFSCME); and AFGE Local 1216 are among several unions represented in the lawsuit.
The order does not mean that fired employees will be rehired or that agencies will not engage in future firings.
But Alsup said agencies relied on OPM’s directives to initiate their firings of probationary employees, and did not have to.
“The agencies could thumb their noses at OPM if they wanted to if it’s guidance, but if it’s an order, or cast as an order, the agencies may think they have to comply,” Alsup said.
Leaders of unions and nonprofits represented in the lawsuit celebrated the judge’s decision on Thursday.
“We know this decision is just a first step, but it gives Federal employees a respite,” said Lee Saunders, president of AFSCME. “We will continue to move this case forward with our partners until Federal workers are protected against these baseless terminations,” Saunders added.
House Oversight and Reform Committee ranking member Gerry Connolly, D-Va., celebrated the judge’s decision, and promised to “hold the line” against future layoff directives.
“This victory underscores the power of our growing coalition to fight back against the Trump Administration’s lawlessness and cruelty on behalf of the American people,” Connolly said.
“Every day, federal workers get up and choose to serve their communities and neighbors. We owe them more than gratitude, we owe them our solidarity,” Connolly added.
“The ruling by Judge Alsup is an important initial victory for patriotic Americans across the country who were illegally fired from their jobs by an agency that had no authority to do so,” said Everett Kelley, president of AFGE.
“OPM’s direction to agencies to engage in the indiscriminate firing of federal probationary employees is illegal, plain and simple, and our union will keep fighting until we put a stop to these demoralizing and damaging attacks on our civil service once and for all,” Kelley added.
Alsup asked for a separate hearing with Charles Ezell, the acting director of OPM. The proposed date for that hearing is not immediately clear.
Separately, Alsup set up an evidentiary hearing for March 13. Alsup also said a more detailed written order on his ruling is forthcoming.
